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Published online by Cambridge University Press: 02 September 2013
The session of Congress which began on December 1, 1919, adjourned on June 5, 1920, to permit the members to attend the presidential nominating conventions and to participate in the campaign. It came to an end with a remarkable interchange of telegrams between President Wilson and the heads of seventeen railroad workers' unions. The chief executive expressed himself in no uncertain terms. During the nine months that the Sixty-sixth Congress had been in session, he said, no attempt had been made to deal with the cost of living, or to revise the tax laws. The railroad legislation was "so unsatisfactory that I could accept it, if at all, only because I despaired of anything better.”
2 In their telegram to the President the spokesmen for the railroad workers said that: “despite the revelations as to the profiteering scandal, Congress has done nothing to check the evil or to punish the evil-doers; that the cost of living continues to advance without a single remedial measure having been passed, and that there has not been even serious consideration of constructive legislation dealing with the serious problem of industrial unrest.
“In the circumstances it appears to us incredible that the responsible Government at Washington can assent to this seeming agreement to a continuation of a do-nothing policy, which means that the grave economic problems of the people are to be made the plaything of politics and politicians for the five months. It invites political chaos and business disaster. Congress should remain in session.”
3 The debate in the senate on the Peace Treaty is exhaustively considered by Finch, George A., “The Treaty of Peace with Germany in the United States Senate: An Exposition and a Review.” 14 American Journal of International Law, 155–206CrossRefGoogle Scholar; reprinted in International Conciliation, No. 153, August, 1920.
4 For an estimate of the work of Congress considerably more flattering and, unconsciously, somewhat amusing, see the review of the legislative session by Mr.Mondell, , Republican floor leader in the house, published (under leave to extend remarks) Congressional Record, June 21, 1920, pp. 9467–9479.Google Scholar Mr. Mondell inserted in his remarks the following statistical comparison of the Sixtyfifth and Sixty-sixth Congresses:
Eight hundred and fifty-eight reports were made from committees, while 618 were made during the corresponding sessions of the Sixty-fifth Congress.
5 It is interesting to compare this situation with that which obtains in the English house of commons. A table in The Liberal Year Booh for 1920 (p. 136) shows that, from 1906 to 1919, government business took from 92½ to 144 days of each session, while private members' motions took from 3½ 27 days. The total number of public and local acts ranged from 87 to 168. Of the public general acts, from 27 to 105 were introduced by ministers; while the maximum of private members' bills passed in one year was 17, and from 1914–16 to 1918 no private members' bills became law. Local acts formed from one-third to two-thirds of the total number passed, most of these being provisional order acts and confirmation acts under the Private Legislation Procedure (Scotland) Act of 1899.
6 In order that nothing of importance may be omitted, I include the list prepared by Mr.Mondell, , Congressional Record, p. 9474Google Scholar: The railway transportation act. (Public No. 152.) The legislation for a national budget. (Veto, H. R. 9783.) Reform of the rules of the house and senate in the consolidation of committees as a part of the program of budget reform. (H. Res. 324.) The Army reorganization act. (Public No. 242.) The merchant marine shipping act. (Public No. 261.) The oil and coal land leasing law. (Public No. 146.) The water-power act. (H. R. 3184.) Act for the vocational rehabilitation of persons disabled in industry. (Public No. 236.) The civil service retirement act. (Public No. 215.) The act establishing a woman's bureau in the department of labor. (Public No. 259.) The peace resolution. (Veto, H. J. Res. 327.) The act for the repeal of the war laws. (Pocket veto, H. J. Res. 373.) The act reclassifying and readjusting the salaries of postal employees. (Public No. 265.) The act increasing pensions to veterans of the Civil and Mexican Wars. (Public No. 190.) The act increasing pensions to veterans of the Spanish-American War and Philippine insurrection. (Public No. 256.) The act to exclude and expel anarchistic aliens. (Public No. 262.) The act increasing the efficiency and pay of commissioned and enlisted personnel of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service. (Public No. 210.) The act for examination and report on irrigation development of the Imperial Valley, Calif. (Public No. 208.) The act authorizing the United States Grain Corporation to provide relief to populations in Europe and the Near East by furnishing flour valued at $50,000,000. (Public No. 167.) The act authorizing the secretary of war to transfer surplus motor-propelled vehicles, motor equipment, and road making material to departments of the government and to the states. (Public No. 159.) The act providing for furnishing water supply for miscellaneous purposes in connection with reclamation projects. (Public No. 147.) Amendment of federal reserve act providing for corporations authorized to do foreign banking business. (Public No. 106.) The Sweet Act amending the war-risk insurance act, increasing the efficiency of the bureau and greatly liberalizing the provisions of the act in the payment of compensation to disabled soldiers, sailors, and marines. (Public No. 104.) Resolution authorizing the appointment of a commission to confer with the governments of the Dominion and certain provinces of Canada with a view of securing restriction on the exportation of pulp wood, with a view of reducing the price of print paper. (Pocket veto.) The act authorizing secretary of the treasury to purchase certain federal farm loan bonds. (Public resolution, No. 45.)
7 On February 9, 1920 Democratic members of the house refused to forego an expression of their opinion on universal military training although the President asked that party action be deferred until the national convention. The vote was 88 to 37. President Wilson expressed his views in a letter to Secretary Baker asking him to “convey to appropriate members of the House, who will attend the caucus, my strong feeling against action by the caucus which will tend to interpose an arbitrary party determination to the consideration which this subject should receive from the best thought of the members of the House, considering alike the national emergencies which may confront us and the great disciplinary and other advantages which such a system plainly promises for the young men of the country.”
8 Public protests were so great that Congress failed to pass any anti-sedition bill although, when first discussed, it seemed that its speedy enactment was assured. On January 10, 1920, the senate passed the Sterling Bill (S. 3317), and on January 12 the house judiciary committee reported the Graham Bill (H. R. 11430; report no. 536), recommending its passage. On January 14 the judiciary committee reported the Sterling Bill amended (report no. 542). Hearings before the rules committee of the house on a proposed rule to give the measure immediate consideration, showed such opposition (including that of Mr. Gompers and the American Federation of Labor) that the legislation was abandoned.
The house committee on the judiciary spent some time in investigating charges of radicalism against Louis F. Post, assistant secretary of labor (H. Res. 522). Victor Berger, who had been excluded from the house at the special session (November 10, 1919) by a vote of 311 to 1, was again (after being reëlected from his district) refused permission to take his seat (January 10, 1920). The vote was 330 to 6 and Berger was not allowed to address the house in his own behalf.
9 The water power bill was reported in the house of representatives on June 24, 1919 and passed on July 1. It did not pass the senate until January 15, 1920 and stayed in conference from January 17 until April 30. Action on the oil land leasing law was more expeditious, only six months being required for its passage. It was approved by the senate on September 3, by the house on October 30, and remained in conference until February 10, 1920.
10 The legislative history of the law was as follows: S. 3288 (Cummins). Reported in senate, October 23, 1919. New senate report 304 (Nov. 10). H. R. 10453 substituted. H. R. 10453 (Esch). House Report 456 (Nov. 10, 1919). Passed house (Nov. 17). Reported in senate (Dec. 9). Passed senate (Dec. 20). Sent to conference (Dec. 20). Conference: house report 650 (Feb. 18). Agreed to in house (Feb. 21) and in senate (Feb. 23). Approved (Feb. 28), 1920.
11 For discussions of the law, see Proceedings of the Academy of Political Science, January, 1920; Monthly Labor Review (U. S. Dept. of Labor), April, 1920; New York Times Current History, March, 1920; a symposium in The Nation, August 16, 1919; Hearihgs before the Committee on Interstate and Foreign Commerce, House of Representatives, 66th Cong., 1st Sess. (1919).
12 Mr. Good, chairman of the house appropriations committee, prepared the following table showing the disposition of the amounts appropriated (Congressional Record, June 21, p. 9470):
13 See 66th Cong., 2d Sess., Senate Report No. 583.
14 Another important phase of the bonus bill will be discussed in a later article on congressional procedure.
15 Congress was considerably worried by the paper shortage. The Congressional Record was not circulated for the last week of the session because the public printer did not have the necessary paper and the quality used throughout the session was extremely bad. On March 1 Senator Smoot gave notice that thereafter he would object to the insertion in the Congressional Record of any matter other than resolutions from state legislatures or city councils. The senate proceedings became freer than usual from newspaper editorials, poems, and addresses by various constituents, but even so, Senator Smoot's objections did not suffice, for senators could read the editorials and they would thus appear in the Record.
The joint committee on printing presented a very valuable report (Senate Report No. 265; Congressional Record, April 12, p. 5957) which showed that from July 1, 1916, to September 15, 1919, 30,144,362 copies of speeches by government officers (other than members of Congress) had been printed at public expense.
The treaty proceedings in the senate took up 3000 pages or 6,300,000 words. Senator Smoot “started to segregate the pages of matter that have been inserted in the Record at the request of senators, including newspaper articles, editorials, and letters from citizens; but it soon developed that it was altogether impossible to put them in any reasonable number of books. So it was concluded to abandon the effort.” Congressional Record, January 31, p. 2438.
16 This consists of two senators, two representatives, the superintendent of the capitol buildings and grounds, and the supervising architect of the treasury.
17 It is very doubtful whether the President's theory of the inability of Congress to limit his power of removal is correct. See an article by Powell, T. R., “The President's Veto of the Budget Bill,” National Municipal Review, September, 1920.CrossRefGoogle Scholar
18 House Report 801, April 6, 1920. Passed house April 9. Senate Report 568, April 30. Passed senate May 15. House concurred in senate amendments May 21. Vetoed by the President May 27. H. D. No. 799.
19 The bills referred to as having been signed following adjournment of Congress were: H. R. 3184, water-power bill creating federal power commission. (Public 280.) H. R. 6407, for relief of Michael MacGarvey. (Private 73.) H. R. 13962, bridge, Monongahela River, Pa. (Public 283.) H. R. 13976, bridge, Allegheny River, Pittsburgh, Pa. (Public 284.) H. R. 13977, bridge, Allegheny River, Milvale, Pa. (Public 285.) H. R. 13978, bridge, Ohio River, McKees Rocks, Pa. (Public 286.) S. 547, to authorize enlistment of non-English speaking citizens and aliens in Army. (Public 281.) S. 4167, bridge, Mississippi River, St. Louis, Mo. (Public 282.)
The bills not signed and failing to become laws “under the usual practice” (pocket vetoes) are: H. R. 13329, surplus road machinery bill. H. J. Res. 373, repeal of war laws. S. J. Res. 152, Canadian wood pulp resolution.
The water power law is dated June 10, the others June 14.
20 See the writer's article, “The Power of the President to Sign Bills after Congress has Adjourned,” Yale Law Journal, November, 1920.
21 On the respective power of the President and Congress with regard to the termination of treaties, see Corwin, , The President's Control of Foreign Relations, p. 109 ff.Google Scholar It should be said, however, that a strong argument can be made in support of greater authority than Professor Corwin concedes the executive and even as to the legality of President Wilson's action in refusing to obey section 34 of the merchant marine law.
22 At the present time the appropriations committee handles the Legislative, Executive and Judicial, the Sundry Civil, Fortifications, the District of Columbia, and Pensions bills; the military affairs committee, two bills for the Army and the Military Academy, and the Agricultural, Foreign Affairs, Naval, Post Offices, and Indian Affairs Committees have authority to report appropriations for these purposes. Under clause 56 of rule 11 of the House of Representatives, the river and harbors committee has the authority to report (at any time) “bills for the improvement of rivers and harbors.” This is changed by the new rules so that the committee has the right to report “bills authorizing the improvement of rivers and harbors.” The power to report appropriations is thus taken away.
23 This is at present prevented by rule 21, clause 2.
24 On May 27, 1920, the senate amended its rules so that, instead of having 17 or 19 members (in the case of the appropriations committee it is 20) as at the present time, all the principal committees of the senate will consist of 15 members. The others will consist of 11, 9, and 7 members. Rule 25 of the standing rules of the senate. See Congressional Record, May 27, p. 8335.
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